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S1409.....................................................by TRANSPORTATION
DRIVERS LICENSE - IDENTIFICATION CARDS - Amends existing law to restrict
the disclosure of photographs and other personal information maintained by
the Department of Transportation for purposes of driver's licenses and
identification cards.
02/11 Senate intro - 1st rdg - to printing
02/14 Rpt prt - to Transp
02/23 Rpt out - rec d/p - to 2nd rdg
02/24 2nd rdg - to 3rd rdg
02/25 3rd rdg - PASSED - 33-0-2
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
Darrington, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen,
Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson,
Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne,
Walton, Wheeler, Whitworth, Williams
NAYS--None
Absent and excused--Danielson, Davis
Floor Sponsor - Frasure
Title apvd - to House
02/28 House intro - 1st rdg - to Transp
03/07 Rpt out - rec d/p - to 2nd rdg
03/08 2nd rdg - to 3rd rdg
03/14 3rd rdg - PASSED - 63-0-7
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Cheirrett, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Gagner, Gould, Hadley, Hammond,
Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton,
Kendell, Kunz, Lake, Linford, Loertscher, Mader, Marley, Montgomery,
Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds,
Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith,
Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler,
Wood, Zimmermann
NAYS -- None
Absent and excused -- Clark, Crow, Geddes, Hansen(23), McKague,
Meyer, Mr Speaker
Floor Sponsor - Smith
Title apvd - to Senate
03/15 To enrol
03/16 Rpt enrol - Pres signed
03/17 Sp signed
03/20 To Governor
03/22 Governor signed
Session Law Chapter 52
Effective: 06/01/00
S1409
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1409
BY TRANSPORTATION COMMITTEE
1 AN ACT
2 RELATING TO DRIVER AND MOTOR VEHICLE RECORDS; AMENDING SECTION 49-203, IDAHO
3 CODE, TO LIMIT DISCLOSURE OF SPECIFIED PERSONAL INFORMATION; AMENDING SEC-
4 TION 49-321, IDAHO CODE, TO FURTHER DESCRIBE RECORDS TO BE MAINTAINED BY
5 THE DEPARTMENT; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 49-203, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 49-203. PROHIBITION ON RELEASE AND USE OF PERSONAL INFORMATION CONTAINED
10 IN MOTOR VEHICLE AND DRIVER RECORDS. (1) Except as otherwise provided, the
11 department and any officer, employee, agent or contractor thereof, shall not
12 knowingly disclose to any person or entity personal information about any
13 individual when such information was obtained from a motor vehicle or driver
14 record.
15 (2) Personal information shall be disclosed, except as restricted in sub-
16 section (6) of this section, for use in connection with matters of motor vehi-
17 cle or driver safety and theft, motor vehicle emissions, motor vehicle product
18 alterations, recalls or advisories, performance monitoring of motor vehicles
19 and dealers by motor vehicle manufacturers, and removal of nonowner records
20 from the original owner records of motor vehicle manufacturers to carry out
21 the purposes of the Automobile Information Disclosure Act (15 USC 1231 et
22 seq.), the Motor Vehicle Information and Cost Savings Act (49 USC 32101 et
23 seq.), the National Traffic and Motor Vehicle Safety Act of 1966, the Anti Car
24 Theft Act of 1992, and the Clean Air Act (42 USC 7401 et seq., as amended.)
25 (3) Personal information may be disclosed if the requesting person demon-
26 strates in such form and manner as the department prescribes, that he has
27 obtained the written consent of the individual to whom the personal informa-
28 tion pertains.
29 (4) Personal information may be disclosed, except as restricted in sub-
30 section (6) of this section, on proof of the identity of the person requesting
31 a record, and representation by such person that the use of the personal
32 information will be strictly limited to any of the following described uses:
33 (a) For use by any government agency, including any court or law enforce-
34 ment agency, in carrying out its functions, or any private person or
35 entity acting on behalf of a federal, state, or local agency in carrying
36 out its functions.
37 (b) For use in matters of motor vehicle or driver safety and theft; motor
38 vehicle emissions, motor vehicle product alterations, recalls or
39 advisories; performance monitoring of motor vehicles, motor vehicle parts,
40 and dealers; motor vehicle market research activities, including survey
41 research; and removal of nonowner records from the original records of
42 motor vehicle manufacturers.
43 (c) For use in the normal course of business by a legitimate business or
2
1 its agents, employees or contractors, but only:
2 (i) To verify the accuracy of personal information submitted by the
3 individual to the business or its agents, employees or contractors;
4 and
5 (ii) If such information as so submitted is not correct or is no
6 longer correct, to obtain the correct information, but only for the
7 purpose of preventing fraud by pursuing legal remedies against, or
8 recovering on a debt or security interest against, the individual.
9 (d) For use in connection with any civil, criminal, administrative or ar-
10 bitral proceeding in any federal, state or local court or agency or before
11 any self-regulatory body, including the services of process, investiga-
12 tion, and anticipation of litigation, and the execution or enforcement of
13 judgments and orders, or pursuant to an order of a federal, state or local
14 court.
15 (e) For use in research activities, and for use in producing statistical
16 reports, so long as personal information is not published, redisclosed or
17 used to contact individuals.
18 (f) For use by any insurer or insurance support organization, or by a
19 self-insured entity, or its agents, employees or contractors, in connec-
20 tion with claims investigation activities, rating or underwriting.
21 (g) For use in providing notice to the owners of towed or impounded vehi-
22 cles.
23 (h) For use by any licensed private investigative agency or licensed
24 security service for any purpose permitted under the provisions of title
25 49, Idaho Code.
26 (i) For use by an employer or its agent or insurer to obtain or verify
27 information relating to a holder of a commercial driver's license that is
28 required under the Commercial Motor Vehicle Safety Act of 1986 (49 USC
29 31101 et seq.).
30 (j) For bulk distribution for surveys, marketing, or solicitations if the
31 department has implemented methods and procedures to ensure that:
32 (i) Individuals are provided an opportunity, in a clear and conspic-
33 uous manner, to prohibit such uses; and
34 (ii) The information will be used, rented, or sold solely for bulk
35 distribution for surveys, marketing and solicitations, and that sur-
36 veys, marketing and solicitations will not be directed at those indi-
37 viduals who have requested in a timely fashion that they not be
38 directed at them.
39 (k) For any other use specifically authorized under Idaho Code, if such
40 use is related to public safety or the operation of a motor vehicle.
41 (l) For use in connection with the operation of private toll transporta-
42 tion facilities, including companies that operate parking facilities for
43 the purpose of providing notice to the owners of vehicles who have used
44 the facility.
45 (5) Personal information obtained in an individual record shall be dis-
46 closed, except as restricted in subsection (6) of this section, in response to
47 requests for individual motor vehicle or driver records without regard to the
48 intended use of such personal information if the department has:
49 (a) Provided in a clear and conspicuous manner on forms for issuance or
50 renewal of driver's licenses or permits, identification cards, motor vehi-
51 cle titles or motor vehicle registrations that personal information col-
52 lected by the department may be disclosed to any business or person; and
53 (b) Provided in a clear and conspicuous manner on such forms an opportu-
54 nity for the individual to prohibit such disclosure.
55 (6) In addition to the restrictions and prohibitions on the disclosure of
3
1 personal information contained in motor vehicle and driver records, an
2 individual's photograph, digitized image of a photograph, digitized signature,
3 social security number, and medical or disability information shall not be
4 disclosed without the written consent of the person to whom such information
5 pertains, except for uses permitted under subsections (4)(a) and (4)(d) of
6 this section.
7 (7) Authorized recipients of personal information may redisseminate such
8 information only for those purposes set forth in paragraphs (a) through (l) of
9 subsection (4) of this section. For the purposes of this subsection (67),
10 "authorized recipients" means an individual, organization or entity who
11 receives personal information for uses permitted in paragraphs (a) through (l)
12 of subsection (4) of this section and includes record redisseminators who
13 agree to redisseminate such information only for the purposes set forth in
14 paragraphs (a) through (l) of subsection (4) of this section.
15 SECTION 2. That Section 49-321, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 49-321. RECORDS TO BE KEPT BY THE DEPARTMENT. (1) The department shall
18 file every application for a driver's license received by it and shall main-
19 tain suitable indices containing:
20 (a) All applications denied and on each note the reason for denial;
21 (b) All applications granted;
22 (c) The name of every licensee whose driver's license has been suspended,
23 revoked, cancelled, denied or disqualified by the department and after
24 each name note the reasons for the action;
25 (d) The driver's license number for the applicant; and
26 (e) The social security number of the applicant. for a commercial
27 driver's license.
28 (2) The department shall also file all accident reports and abstracts of
29 court records of convictions received by it under the law in either paper or
30 electronic form and maintain convenient records or make suitable notations in
31 order that an individual record of each licensee showing the convictions and
32 the traffic accidents in which the licensee has been involved shall be readily
33 ascertainable and available for consideration of the department upon any
34 application for renewal of a driver's license and at other suitable times.
35 (3) The department of health and welfare, on or about the 25th day of
36 each month shall, upon the request of the department, furnish the department a
37 listing showing the name, age, county of residence, and residence address of
38 each Idaho resident who has died during the preceding month. The listing shall
39 be used only for purposes of updating the driver's license files of the
40 department and shall be subject to disclosure according to chapter 3, title 9,
41 Idaho Code.
42 SECTION 3. An emergency existing therefor, which emergency is hereby
43 declared to exist, this act shall be in full force and effect on and after
44 June 1, 2000.
STATEMENT OF PURPOSE
RS09812
This legislation amends Section 49-203 and 49-321, Idaho Code, to restrict access
to and disclosure of photographs, electronically produced images, social security
numbers and medical or disability information contained in motor vehicle
or driver records maintained by the Idaho Transportation Department. This
information would only be disclosed (1) upon the written consent of the
individual to whom the information pertains, (2) for use by governmental
agencies, courts or law enforcement agencies in carrying out their functions, or (3)
for use in connection with court or administrative proceedings.
FISCAL IMPACT
This legislation has no fiscal impact.
CONTACT
Name: Jane Caviness, Manager, Driver Services
Agency: Idaho Transportation Department, Div. of Motor Vehicles
Phone: 332-7830
STATEMENT OF PURPOSE/FISCAL IMPACT S1409